17-79-806. Simple boundary adjustment -- Full boundary adjustment -- Process -- Review by land use authority.

498 words·~2 min read·/ut/title-17/chapter-79/17-79-806

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(1)A person may propose a simple boundary adjustment to a land use authority as described in this section.

(2)A proposal for a simple boundary adjustment shall:

(a)include a conveyance document that complies with Section 57-1-45.5 ; and

(b)describe all lots or parcels affected by the proposed boundary adjustment.

(3)A land use authority shall consent to a proposed simple boundary adjustment if the land use authority verifies that the proposed simple boundary adjustment:

(a)meets the requirements of Subsection

(2); and

(b)does not:

(i)affect a public right-of-way, county utility easement, or other public property;

(ii)affect an existing easement, onsite wastewater system, or an internal lot restriction; or

(iii)result in a lot or parcel out of conformity with land use regulations.

(4)If the land use authority determines that a proposed simple boundary adjustment does not meet the requirements of Subsection

(3), a full boundary adjustment is required.

(5)To propose a full boundary adjustment, the adjoining property owners shall submit a proposal to the land use authority that includes:

(a)a conveyance document that complies with Section 57-1-45.5 ;

(b)a survey that complies with Subsection 57-1-45.5(3)(b) ; and

(c)if required by county ordinance, a proposed plat amendment corresponding with the proposed full boundary adjustment, prepared in accordance with Section 17-79-711 .

(6)The land use authority shall consent to a proposed full boundary adjustment made under Subsection

(5)if:

(a)the proposal submitted to the land use authority under Subsection

(5)includes all necessary information;

(b)the survey described in Subsection (5)(b) shows no evidence of a violation of a land use regulation; and

(c)if required by county ordinance, the plat amendment corresponding with the proposed full boundary adjustment has been approved in accordance with Section 17-79-711 .

(a)Consent under Subsection

(3)or

(6)is an administrative act.

(b)Notice of consent under Subsection

(3)or

(6)shall be provided to the person proposing the boundary adjustment in a format that makes clear:

(i)the land use authority is not responsible for any error related to the boundary adjustment; and

(ii)a county recorder may record the boundary adjustment.

(8)A boundary adjustment is effective from the day on which the boundary adjustment, as consented to by the land use authority, is recorded by the county recorder along with the relevant conveyance document.

(9)The recording of a boundary adjustment does not constitute a land use approval.

(10)A county may enforce county ordinances against, or withhold approval of a land use application for, property that is subject to a boundary adjustment if the county determines that the resulting lots or parcels are not in compliance with the county's land use regulations in effect on the day on which the boundary adjustment is recorded.

Renumbered and Amended by Chapter 14 , 2025 Special Session 1